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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SUDEEPTI SHARMA
Jasvir Kaur – Appellant
Versus
Paramjit Kaur – Respondent
JUDGMENT :
Sudeepti Sharma J.
The present regular second appeal is preferred against judgment and decree dated 21.02.2023 passed by Additional District Judge-I, Faridkot, whereby, appeal filed by respondent No.1 against judgment and decree dated 12.07.2019 passed by Civil Judge (Junior Division), Faridkot, was allowed.
2. Brief facts of the case as per pleadings in civil suit are that appellant is mother of deceased -Gurdarshan Singh, who was posted as Head Constable in police station. He was suffering from oral cancer since 2011 and remained under treatment and expired on 21.08.2016. He died unmarried and issueless. After his death, respondent No.1-Paramjit Kaur started proclaiming herself to be wife of deceased - Gurdarshan Singh, whereas, she was already married with one Gurcharan Singh S/o Mahinder Singh and was having three children.
3. There are allegations in the civil suit against respondent No.1-Paramjit Kaur that she has wrongly alleged herself to be wife of deceased -Gurdarshan Singh in conspiracy with her husband Gurcharan Singh and got prepared ration card and some other fake documents to allege herself to be wife of deceased - Gurdarshan Singh. It is further alleged in th
Legal marriage must be substantiated by credible evidence; mere claims or nominations do not confer rights under succession laws.
The legal point established is the entitlement of the legally wedded spouse to pensionary benefits under the applicable rules and the invalidity of nominations contrary to statutory provisions.
A second marriage during the subsistence of a first marriage is void, and nomination does not confer legal heir status.
(1) Children of void marriage are legitimate for the purpose of inheritance of property of their ancestors. (2) Precedent – A case is only authority for what it actually decides and not what logicall....
Important Point : A marriage during the subsistence of a valid marriage is void, and nomination for benefits does not grant legal heir status to the nominee.
A succession certificate does not create beneficial interest; the nominee's rights are subject to the claims of lawful heirs, as established by service records.
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